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Court of Appeal decision supports Armistead wind farm scheme approval

January 19, 2011 | Armistead News

A challenge to the legality of a planning permission for a wind farm scheme in south Cumbria which will deliver enough renewable energy to power over 8,000 homes has been rejected by the Court of Appeal in London.

Banks Renewables was given planning approval for the Armistead scheme in July 2009.

This decision was challenged unsuccessfully in the High Court at the end of 2010, with that ruling subsequently being further challenged in the Court of Appeal.

But having considered all the relevant evidence, the Court of Appeal has found that the original decision to grant planning approval for the scheme was legally sound and correct.

The Armistead scheme will now be built on land near the village Old Hutton, to the east of the M6 between junctions 36 and 37, and there will be six turbines with hub heights of around 60 metres.

When fully operational, it will be capable of generating enough power for up to 8,340 homes, and will make a significant contribution towards meeting Cumbria County Council’s renewable energy targets.

Phil Dyke, development director of Banks Renewables says: “We are very pleased that the Court of Appeal has found that the decision to grant planning permission was legally sound and correct.

“South Lakeland Council’s planning officers originally recommended the scheme for approval when we first put it forward for planning permission as far back as early 2008, and it is disappointing that we have had to go to such lengths to finalise approval for what is a carefully planned and important scheme.

“If we are to effectively tackle the growing dangers posed by climate change, things need to change with the planning system and appeals process to ensure that applications such as this can be concluded within a significantly shorter timeframe.

“We are now looking forward to working with the local community to bring the site forward to construction. Site investigation works will be starting over the coming weeks with a view to bringing the site forward to construction later in the year, once planning conditions have been discharged and contracts awarded.”